Dauphin Island Gathering Partners

First Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 01/20/2005, Docket: RP05-131-000, Status: Effective

First Revised Sheet No. 76 First Revised Sheet No. 76 : Effective

Superseding: Original Sheet No. 76

(i) A copy of Shipper's audited financial statement for

the most recent twelve months or Annual Report and

Form 10-K; or if not available,

 

(ii) A copy of Shipper's most recent audited financial

statement certified by the Chief Financial Officer or

Chief Accounting Officer of the Shipper (which

certificate shall state that such financial statement

fairly represents the financial condition and results

of operations of the Shipper for the period indicated

therein) prepared in accordance with generally

accepted accounting principles; and in all cases,

 

(iii) A list of Shipper's affiliates, including parent and

subsidiaries, if applicable.

 

(b) In the event Shipper cannot provide the information in

Subsection 6.3(a) above, Shipper shall, if applicable,

provide that information for its parent company.

Transporter shall not be required to perform or to continue

service under Rate Schedule FT-1 (DI) on behalf of any

Shipper who is or has become insolvent or who, at

Transporter's request, fails within a reasonable period to

demonstrate credit worthiness; provided, however, such

Shipper may receive service under Rate Schedule FT-1 (DI)

if Shipper prepays for such service or furnishes good and

sufficient security, as determined by Transporter in its

reasonable discretion, in an amount equal to the cost of

performing the service requested by Shipper for a three

month period. For purposes herein, the insolvency of a

Shipper shall be conclusively demonstrated by the filing by

Shipper or any parent entity thereof (hereinafter

collectively referred to in this Subsection 6.3(b) as "the

Shipper") of a voluntary petition in bankruptcy or the

entry of a decree or order by a court having jurisdiction

in the premises adjudging the Shipper bankrupt or

insolvent, or approving, as properly filed, a petition

seeking reorganization, arrangement, adjustment or

composition of or in respect of the Shipper under the

Federal Bankruptcy Code or any other applicable federal or

state law, or appointing a receiver, liquidator, assignee,

trustee, sequestrator (or other similar official) of the

Shipper or of any substantial part of its property, or the

ordering of the winding-up or liquidation of its affairs,

with said order or decree continuing unstayed and in effect

for a period of sixty (60) consecutive days.